President Minister Arturo Zaldívar reported that he is presenting the consultation to the plenary session of the Supreme Court of Justice of the Nation (SCJN) to analyze the extension of his mandate, commonly called the “Zaldívar law.”
“I share a letter by which I activate the procedure for the Plenary of the SCJN to pronounce, as soon as possible, on the constitutionality of the thirteenth transitory article of the judicial reform,” Zaldívar wrote on Twitter.
In his letter, the minister-president indicated that the Thirteenth transitory article in the reform of the Organic Law of the PJF that establishes the extension of his mandate and the position of the directors must be analyzed as soon as possible.
The Zaldívar consultation and the precedent of the Court
“It is necessary that the Plenary of this Supreme Court of Justice of the Nation (SCJN), in its capacity as guardian of the autonomy and independence of the Federal Judicial Power, as well as the highest interpreter of the Constitution, set a position as soon as possible,” said the minister.
5 questions by Zaldívar Law
To do this, he raised five questions that must be resolved by the minister who is in charge in turn (random assignment of issues) to make the draft resolution.
In his questions, Minister Zaldívar pointed out that if the extension of his mandate is unconstitutional, what determination should the Plenary adopt; whether the ministers can rule on the constitutionality of general norms that may affect judicial independence and autonomy outside of a means of conventional constitutional control, such as an action of unconstitutionality.
That it be determined how many votes are required to clarify the matter (simple or qualified majority); the article of the extension is or is not constitutional and, if it turns out to be contrary to the Magna Carta, what effects will the resolution of the Court have.
Supreme Court will decide whether or not to apply the so-called “Zaldívar Law“
To resolve in fast track the controversy generated by the thirteenth transitory article of the reform to the Organic Law of the Federal Judicial Power (PJF), which expands its mandate and the position of the Federal Judiciary advisers, Zaldívar Lelo de Larrea announced that will submit the matter to extraordinary consultation in plenary session.
In this way, the ministers will only define whether or not the PJF should apply the extension of the mandate known as the Zaldívar Law; however, they will not analyze whether the article that provides for it is in accordance with the Constitution.
Source: El Universal
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